Stoke-on-Trent City Council (23 017 887)
Category : Environment and regulation > Refuse and recycling
Decision : Closed after initial enquiries
Decision date : 15 Mar 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council issuing Mx Y with a fixed penalty notice. This is because Mx Y has right of appeal to the courts.
The complaint
- Mx Y complained the Council failed to collect a bag of rubbish they left outside for collection and issued a fixed penalty notice (FPN) unfairly.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- I considered information provided by Mx Y and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- If a council thinks a person has committed an offence, it can issue the person with a Fixed Penalty Notice (FPN). If a person pays the fine, they accept liability for the offence and the matter is closed.
- If the person does not pay the fine, a council can take the person to court. The person can then raise a defence in court and the court will then decide if the person has committed the offence.
- Mx Y says they left one bag of rubbish outside for the Council waste service to collect but the rubbish was not collected.
- The Council issued Mx Y with a FPN for littering and told Mx Y they would need to pay the fine within 14 days or legal proceedings would begin.
- Mx Y complained to the Council that they were not at fault as it was the waste disposal crew’s responsibility to collect the rubbish but the Council maintained its position. Mx Y opted to bring their complaint to the Ombudsman.
- The Ombudsman will not usually exercise discretion to investigate events where the complainant has an alternative right of appeal. In this case Mx Y has the right to defend themselves in court if they dispute liability for the FPN and it would be reasonable for them to use it.
Final decision
- We will not investigate Mx Y’s complaint because they have right of appeal to the courts.
Investigator's decision on behalf of the Ombudsman